Divorce ontario alimony obligation and asset division

I am getting a divorce and wanted to ask a few questions about my obligations in the matter. I sponsored a woman with a child to come to Canada 4 years ago,got married 5 years ago. We bought a pre construction condo which is not build yet and paid 3/4 of the required deposit on the condo. Both are employed. I moved out of the townhouse we were renting a month ago. What are my legal obligations and what options do I have in terms of how to proceed with the divorce?

Asked 15 days ago in Ontario
Categories: Family Law

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

Cases involving marriage and sponsorship are fraught with all sorts of problems but basically the minimum bar is your sponsorship undertaking that you gave to Canada Immigration. Any marriage and cohabitation in Ontario of 5 years will trigger potential spousal and child support obligations for sponsored family members, and potentially a right to your wife to claim an equalization of property including certain pension rights and estate interests as well as CPP interests. If she has your child you will have a support obligation likely for both of them, depending on her resources, due to your minimum 3 year sponsorship. This case is a hybrid meaning you need a collaboration between an immigration lawyer and a family lawyer or a lawyer who does both. If she goes on Ontario Works commonly called welfare or Family Benefits they can pursue you for whatever they provide to her as well, even if you sign a separation agreement. The condo sounds like a major ticking time bomb so see a real estate lawyer and determine if she is on the proposed title documents, or if you can simply sell your pre-build rights and recover your deposit,  or if you wish that can buy it without her being a spouse or joint owner. The purchase in this context raises some risks but it depends on the arrangements you had with her financially and via immigration as to whether she can advance any form of trust or contractual claims, or if there is any pre-nuptial agreement or immigration agreement or undertaking that leads to exposure and so forth. If you have a former wife besides her you really need a lawyer. You also must re-do your will and powers of attorney as if you die or become disabled and fail to make adequate provision for her in your will she can bring a claim against your estate. If you have no will she has special rights in the estate. You really need a lawyer asap. Hamoody Hassan, Senior Counsel, LSO 1979, #19243E www.hassanlaw.com , London Ontario

Posted 14 days ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>

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